Legal Question in Workers Comp in California

Injured at work, and still working

Three weeks ago I was injured at work. I am the only employee at a custom furniture shop. I was lifting a 120lb. piece of furniture when I felt a tear in my groin. I went to the emergency room. I had a hernia and needed surgery soon as possible. My employer signed the papers stating he would put me on modified work. Well, I was not put on modified work. I was told to continue as usual. Two days later I was back in the emergency room. The hernia had torn more. My employer agreed again to put me on modified work and back to the shop I went. Three days later I was back in the emergency room. The hernia was even bigger. It went from the size of my thumb to size of my fist. The doctor will not sign the papers for me not to work until after the surgry because my employer says he will put me on modified work. They will not give me pain meds. because I am at work. They act like they dont belive I am lifting over 100lbs. all day long. My employer and I were both told I must not lift over 5lbs. I am working full bore eight hours a day. And coming in on weekends, I am afraid soon my intestines will be down to my knees. I need help! what to I do?


Asked on 6/03/01, 12:20 am

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Injured at work, and still working

You need to tell the doctor that there is no modified work duties so that he can put you on TTD status. The insurance carrier needs to authize the operation. Did you complete an employees claim form? You also have a cause of action against the employer for serious and willful mis-conduct for keeping you on regular duties. That will increase your benefits. Please obtain representation immediately. You may call me directly at (619) 222-3504.

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Answered on 6/27/01, 11:46 am


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